HomeMy WebLinkAbout1997-060 Contract - Linhart Powers
CITY OF ASHLAND, (CITY) CONSULTANT: Linhart Petersen Powers Associates
20 E. Main St. Address: 3855-3 Wolverine Street NE, Salem, OR, 97305
Ashland, Oregon 97520 Telephone: 503 371 2212 FAX: 371 3853
(503) 482-3211 FAX: (503) 488-5311
AGREEMENT DATE: June 16, 1997 ~3. BEGINNING DATE: June 30,1997
114. COMPENSATION: 50% of Plan Review 113. COMPLETION DATE:
Fee for structurallMechanical and F/I Safety
111. SERVICES TO BE PROVIDED:
StructurallMechanical and Fire I life safety Plan Review for various projects
ADDITIONAL TERMS:
CITY OF ASHLAND PERSONAL SERVICES CONTRACT FOR SERVICES LESS THAN $15,000
CITY AND CONSULTANT AGREE:
1. All Costs bv Consultant: 90nsultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified,
fLi:'"ni:::;.h Ciil iabvi'. eq...:p.-nef'li: an~ ri1a~~r~::A~~ :--.~Gt;!red ~or the p/"C:"1er perfc-rmancl! t')f such service.
2. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under
this contract are fully qualified to perform the service to which they will be assigned in a skilled and workerlike manner and, if required to be registered,
licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Consultant shall also procure and maintain a current City of Ashland
business license.
3. Completion Date: Consultant shall start performing the service under this contract by the date indicated above and complete the service by the
completion date indicated above.
4. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum of specified above. Once work commences,
invoices shall be prepared and submitted by the tenth of the month for work completed in the prior month. Payments shall be made within 30 days of the
date of the invoice. Should the contract be prematurely terminated payments will be made for work completed and accepted to date of termination.
5. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City.
6. Statutorv Reauirements: ORS 279.312, 279.314, 279.316 and 279.320 are made part of this contract.
7. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims,
actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death,) or damage
(including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but
not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract.) Consultant
shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and
approximately caused by the negligence of City.
8. Termination: This contract may be terminated by City by giving ten days written notice to Consultant and may be terminated by Consultant should City
fail substantially to perform its obligations through no fault of Consultant.
9. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete
responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons
employed to perform work pursuant to this contract and prior to commencing any work, Consultant shall provide City with adequate proof of workers'
compensation coverage. Consultant is a subject employer that will comply with ORS 656.017.
10. Insurance: Consultant shall, at its own expense, at all times during the term of this agreement, maintain in force a comprehensive general liability
policy including coverage for contractual liability for obligations assumed under this Contract, blanket contractual liability, professional errors and omissions,
products and completed operations and comprehensive automobile liability including owned and non-owned automobiles. The liability under each policy
shall be a minimum of $500,000 per occurrence (combined single limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily
injury and $100,000 per occurrence for property damage. Liability coverage shall be provided on an "occurrence" not "claims" basis. The City of Ashland,
its officers, .empl~~ees and agent~shal! be nam~d as.additiona! insure~s. C.ertificates of.insurance a~ceptable to the City shall.~ fil~d with City's Risk
jVIGi! ";~€'I i..;,ur ~I') Ine C("lml-lle.~ca:.TI2n~ or an~' ~~lVlces -:'y Con:;Ui'lc.rr, Ui'~~i ~hl~ Ct[;. CC::1"I~lit. Tht.;':'~ ~eii::f:;~t6S :;h~:~ ~nr:t:::;:, f r~vJ$:'.~:-: tn:!t c ~'''~!"3~es
afforded under the policies can not be canceled and restrictive modifications cannot be made until at least 30 days prior written 'notice has been given to
City. A certificate which states merely that the issuing company "will endeavor to mail" written notice is unacceptable.
11. Assianment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City.
Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of
any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any
contractual relation between the assignee or subcontractor and City.
CONSULTANT:
B
(City Dept. Head) Date:
(City Attorney) Date: 1 ~ I - if7
CITY OF ASHLAND:
-.
It.vA/~
Director. f Finance
CONTEN REVIEW:
FORM REVIEW: ~
Purchase Order #
Coding: (for City purposes only)
CITY OF ASHLAND PERSONAL SERVICES CONTRACT <$15,000 (p:fonnsla-shrtps.fk)(rev'd 7/93)
BY